Minutes - Charter Commission - 01/16/2003

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Case #3: Review of State Statute 410 Commissioner Deemer stated his intent is to have review of State Statute 410 be on-going. He presented a handout which contains his conclusions with regard to 410. Discussion ensued relating to the petition process. City Attorney Goodrich stated that the Charter Commission may propose amendments to the Charter. It has to propose amendments to the City Council if a petition is received. Two other ways to amend the Charter are by ordinance and by the Charter's recommendation to the City Council to do it by ordinance. The City Council has the authority to draft language for the ballot - the Charter Commission does not. The amendment petition has to go to a vote unless it is determined that it is manifestly unconstitutional. The City Council has to place the proposed amendment on a ballot - if there is no election in six months, a special election has to be held within 90 days of when the City Council received the petition. Commissioner Henke asked for information where it says the City Council has the authority for the language instead of the Charter Commission. City Administrator Norman stated the issue is different between a petition coming to this Commission or going directly to the City Council. Commissioner Deemer stated that his interpretation says we may and we shall - it does not say the City Council shall. If the City Council takes a petition, it comes out of the Charter Commission's hands. He feels that the procedure done in the past is incorrect. Commissioner LaMere stated that if a petition comes to the Charter Commission, we have to act on it - but it does not have to come to the Charter Commission. Attorney Goodrich, in response to Commissioner Henke's question, 410.12, subdivision 4, second sentence, responds to who drafts the language - the City Council is the governing body. Mr. Norman stated he understands that Mr. Deemer is saying that the three petitions that came in to the City in 1995 through 1997 should have come to the Charter Commission first - not the City Council. By going to the City Council, it somehow violates the rule of the State Statutes. Commissioner Deemer agreed. Attorney Goodrich stated that Commission Deemer has talked to the League of Minnesota Cities and the Attorney General and the law firm of Kennedy & Graven and not one person states the position Mr. Deemer is taking on that is correct. Commissioner Deemer suggested that Mr. Goodrich will argue this point over and over again and he (Deemer) will not get the Charter Commission to deal with this. Attorney Goodrich referred to Subdivision 3 - if the issue is petitions should come to the Charter Commission first. Subdivision 3 says.., shall be filed with the Charter Commission. Within 10 days after the petition is transmitted to the City Council, the City Clerk shall determine whether each paper of Charter Commission - January 16, 2003 Page 3 of 8